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ON-GOING SYMPTOMS? RE-EXAMINATION IS THE ANSWER

The recently decided case of Walker v Brown highlighted the dangers of asking a medical expert to change a prognosis within a medical report without re-examining the claimant.

In this case a GP extended a prognosis from 5 months to 12 months when informed by the claimant's solicitor that the claimant had failed to recover in line with the initial prognosis. The District Judge was particularly concerned that the initial report was changed and felt that this was 'misleading' to the court.

Premex has always maintained that where a prognosis has expired, best practice would always dictate the claimant should be re-examined if they have not fully recovered.

If you have any further questions with regards to this case, please do not hesitate to contact your account manager.

To read a full transcript of Walker v Brown (pdf) please click here.